Montana § 50-5-1308 - Immunity

Full text of Montana Montana Code Annotated § 50-5-1308 — Immunity, with citation guidance and answers to common questions.

§ 50-5-1308. Immunity

Immunity. (1) An attending health care provider, provider's designee, or health care facility that makes a reasonable attempt to locate and communicate with a proxy decisionmaker is not subject to civil or criminal liability or regulatory sanction solely for the attempt to locate and communicate with the person. (2) A member of a health care facility medical ethics committee is not subject to civil or criminal liability or regulatory sanction solely for taking part in decisions under this part. (3) A physician or advanced practice registered nurse acting in good faith as a proxy decisionmaker in accordance with 50-5-1304 and 50-5-1305 is not subject to civil or criminal liability or regulatory sanction solely for acting as a medical proxy decisionmaker. An attending health care provider or the provider's designee remains responsible for negligent acts or omissions in providing care to a patient for whom a lay or medical proxy decisionmaker has been named. (4) The immunity provided by this section does not apply to: (a) a health care facility that is owned or operated by the state or a political subdivision of the state; (b) members of a medical ethics committee for a health care facility that is owned or operated by the state or a political subdivision of the state; or (c) health care providers who are employed by the state or a political subdivision of the state.

Frequently Asked Questions About Montana § 50-5-1308

What does Montana Code Annotated § 50-5-1308 cover?

Section 50-5-1308 ("Immunity") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Montana § 50-5-1308?

A common citation format is "Montana Code Annotated § 50-5-1308" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Montana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.

How does Montana § 50-5-1308 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Montana.